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2014 DIGILAW 273 (JHR)

Ramawati Devi v. Bharat Coking Coal Ltd.

2014-02-19

APARESH KUMAR SINGH

body2014
Order Learned counsel for the petitioner is permitted to implead the General Manager, Gobindpur Area, B.C.C.L, Dhanbad as party respondent no. 5 for which necessary correction shall be carried out by him in his own handwriting at the relevant place in the writ petition during the course of the day. 2. Heard counsel for the parties. 3. According to the petitioner, her husband Late Paro Bhuiyan died on 02.01.1995 in harness while working as Pay-Loader Operator in Block-IV of Kooridih Colliery under the respondent Bharat Coking Coal Ltd. leaving behind the petitioner-widow, one son and two daughters. The petitioner is said to have made an application with necessary papers on 11.04.1995, Annexure-3 for consideration of her case for compassionate appointment as also for payment of arrears of outstanding dues. By a letter dated 13.04.1995, Annexure4, certain information were sought by the Personnel Manager, Kooridih , Block-IV in respect of the deceased employee as to whether he was a permanent employee during his posting at Akash Kinari Colliery, the details of his name, date of appointment year wise, provident fund and F.P.F. Statement etc. It further appears from Annexure-5 dated 18.07.2002 of the Personnel Manager (MP&F) B.C.C.L. addressed to the Dy. C.PM, Govindpur Area, a further verification was sought relating to the genuineness of the deceased employee for consideration of the claim for employment to the dependent. Annexure-5/1, a letter dated 07.11.2002 communicated by the Block Development Officer, Baghmara refers to the death of the employee in a nursing home on 02.01.1995. Annexure-6 is a decision dated 26.05.2004, issued by the Project Officer, Kooridih Colliery, Block-IV indicating rejection of the claim of the petitioner. The petitioner has annexed the letter dated 19.05.2009, which again is in relation to the claim for monetary compensation of the petitioner on the death of her husband and refers to letter dated 12.07.1996 whereunder the claim of the petitioner was forwarded by the General Manager, Govindpur Area of the B.C.C.L.. It further refers that she is entitled to a monetary compensation at the rate of 6,000/- per month from 05.05.2009 till 30.03.2021 with certain conditions referred to thereunder. After the letter dated 19.05.2009, the monetary compensation has been started and being paid to the petitioner. It further refers that she is entitled to a monetary compensation at the rate of 6,000/- per month from 05.05.2009 till 30.03.2021 with certain conditions referred to thereunder. After the letter dated 19.05.2009, the monetary compensation has been started and being paid to the petitioner. However, in the present case the petitioner is seeking direction upon the respondents to grant monetary compensation from the period from 2.1.1995 till 5.5.2009 as according to her the respondents have accepted that the petitioner had made a claim as way back in the year 1996. 4. This writ petition though was filed in December, 2009 but no counter affidavit has been on behalf of the respondents. Learned counsel for the petitioner has relied upon a judgment rendered by this Court in the case Dukhni Devi Vrs. M/s BCCL & others in W.P.S. No. 5948 of 2010 dated 29.10.2013 where under while interpreting the provisions of clause 9.5.0 of the N.C.W.A. it has been observed that the provisions are in the nature of social and economic rights guaranteed under the N.C.W.A. entered into between the workmen and the employer for the benefit of those employees and their dependants, who die or suffer permanent disablement, while in service. It is submitted that in the matter of construction of such provision which are in the nature of beneficial provision, the view which advances the course of justice has to be adopted. In the said case, according to the petitioner the claim of the said petitioner for benefit of monetary compensation were not being accorded from the earlier date on the ground that her application was made after attaining 60 years of age. In such circumstance, the respondents were directed to give monetary compensation due to the petitioner after the death of her husband till she attained 60 years of age a per clause 9.5.0 of the N.C.W.A in vogue. 5. In such circumstance, the respondents were directed to give monetary compensation due to the petitioner after the death of her husband till she attained 60 years of age a per clause 9.5.0 of the N.C.W.A in vogue. 5. Having heard counsel for the parties and after going through the averments made in the writ application, at this stage, instead of keeping the writ petition pending, it is desirable that the same be disposed of by directing the respondent no.5, The General Manager, Gobindpur Area, BCCL, Dhanbad to consider the case of the petitioner for grant of such amount of monetary compensation for the period from 2.1.1995 till 5.5.2009 along with interest by taking an informed decision in the matter within a period of 10 weeks from the date of receipt of the copy of this order along with a representation of the petitioner. Accordingly, the respondent no. 5, the General Manager, Gobindpur Area, BCCL, Dhanbad shall take a decision in the matter taking into account all the attendant facts and circumstances as also Annexure-7 dated 19.5.2009 and the import of the judgment rendered in the case of Dukhni Devi (supra) relied upon by the petitioner. 6. Needless to say that attendant benefit flowing out of such decision shall accrue to the petitioner within a period of 4 weeks, thereafter. The writ petition is disposed of in the aforesaid manner. 7. It is made clear that the observation made herein above shall not be treated as comment upon the merit of the case.